Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 2100 – Patentability (2)
The MPEP provides several examples of concepts and products that courts have identified as laws of nature or natural phenomena, which are not patentable. Some of these include:
- Isolated DNA
- Cloned farm animals
- Correlations between DNA variations and allele presence
- Metabolic correlations in the body
- Mathematical formulas (e.g., E=mc²)
- Electromagnetic signals
- Qualities of bacteria
- Single-stranded DNA fragments (primers)
- Chemical principles
- Cell-free fetal DNA in maternal blood
The MPEP Section 2106.04(b) states: “[A] new mineral discovered in the earth or a new plant found in the wild is not patentable subject matter under Section 101. Likewise, Einstein could not patent his celebrated law that E=mc²; nor could Newton have patented the law of gravity.”
These examples illustrate that naturally occurring phenomena and fundamental scientific principles are generally not eligible for patent protection.
To learn more:
Laws of nature and natural phenomena, as identified by the courts, include naturally occurring principles/relations and nature-based products that are naturally occurring or that do not have markedly different characteristics compared to what occurs in nature. The Manual of Patent Examining Procedure (MPEP) Section 2106.04(b) states:
“The law of nature and natural phenomenon exceptions reflect the Supreme Court’s view that the basic tools of scientific and technological work are not patentable, because the ‘manifestations of laws of nature’ are ‘part of the storehouse of knowledge,’ ‘free to all men and reserved exclusively to none.’”
This means that fundamental scientific principles and naturally occurring things are not eligible for patent protection.
To learn more:
MPEP 2106.04(B) – Laws Of Nature (2)
The MPEP provides several examples of concepts and products that courts have identified as laws of nature or natural phenomena, which are not patentable. Some of these include:
- Isolated DNA
- Cloned farm animals
- Correlations between DNA variations and allele presence
- Metabolic correlations in the body
- Mathematical formulas (e.g., E=mc²)
- Electromagnetic signals
- Qualities of bacteria
- Single-stranded DNA fragments (primers)
- Chemical principles
- Cell-free fetal DNA in maternal blood
The MPEP Section 2106.04(b) states: “[A] new mineral discovered in the earth or a new plant found in the wild is not patentable subject matter under Section 101. Likewise, Einstein could not patent his celebrated law that E=mc²; nor could Newton have patented the law of gravity.”
These examples illustrate that naturally occurring phenomena and fundamental scientific principles are generally not eligible for patent protection.
To learn more:
Laws of nature and natural phenomena, as identified by the courts, include naturally occurring principles/relations and nature-based products that are naturally occurring or that do not have markedly different characteristics compared to what occurs in nature. The Manual of Patent Examining Procedure (MPEP) Section 2106.04(b) states:
“The law of nature and natural phenomenon exceptions reflect the Supreme Court’s view that the basic tools of scientific and technological work are not patentable, because the ‘manifestations of laws of nature’ are ‘part of the storehouse of knowledge,’ ‘free to all men and reserved exclusively to none.’”
This means that fundamental scientific principles and naturally occurring things are not eligible for patent protection.
To learn more:
Patent Law (2)
The MPEP provides several examples of concepts and products that courts have identified as laws of nature or natural phenomena, which are not patentable. Some of these include:
- Isolated DNA
- Cloned farm animals
- Correlations between DNA variations and allele presence
- Metabolic correlations in the body
- Mathematical formulas (e.g., E=mc²)
- Electromagnetic signals
- Qualities of bacteria
- Single-stranded DNA fragments (primers)
- Chemical principles
- Cell-free fetal DNA in maternal blood
The MPEP Section 2106.04(b) states: “[A] new mineral discovered in the earth or a new plant found in the wild is not patentable subject matter under Section 101. Likewise, Einstein could not patent his celebrated law that E=mc²; nor could Newton have patented the law of gravity.”
These examples illustrate that naturally occurring phenomena and fundamental scientific principles are generally not eligible for patent protection.
To learn more:
Laws of nature and natural phenomena, as identified by the courts, include naturally occurring principles/relations and nature-based products that are naturally occurring or that do not have markedly different characteristics compared to what occurs in nature. The Manual of Patent Examining Procedure (MPEP) Section 2106.04(b) states:
“The law of nature and natural phenomenon exceptions reflect the Supreme Court’s view that the basic tools of scientific and technological work are not patentable, because the ‘manifestations of laws of nature’ are ‘part of the storehouse of knowledge,’ ‘free to all men and reserved exclusively to none.’”
This means that fundamental scientific principles and naturally occurring things are not eligible for patent protection.
To learn more:
Patent Procedure (2)
The MPEP provides several examples of concepts and products that courts have identified as laws of nature or natural phenomena, which are not patentable. Some of these include:
- Isolated DNA
- Cloned farm animals
- Correlations between DNA variations and allele presence
- Metabolic correlations in the body
- Mathematical formulas (e.g., E=mc²)
- Electromagnetic signals
- Qualities of bacteria
- Single-stranded DNA fragments (primers)
- Chemical principles
- Cell-free fetal DNA in maternal blood
The MPEP Section 2106.04(b) states: “[A] new mineral discovered in the earth or a new plant found in the wild is not patentable subject matter under Section 101. Likewise, Einstein could not patent his celebrated law that E=mc²; nor could Newton have patented the law of gravity.”
These examples illustrate that naturally occurring phenomena and fundamental scientific principles are generally not eligible for patent protection.
To learn more:
Laws of nature and natural phenomena, as identified by the courts, include naturally occurring principles/relations and nature-based products that are naturally occurring or that do not have markedly different characteristics compared to what occurs in nature. The Manual of Patent Examining Procedure (MPEP) Section 2106.04(b) states:
“The law of nature and natural phenomenon exceptions reflect the Supreme Court’s view that the basic tools of scientific and technological work are not patentable, because the ‘manifestations of laws of nature’ are ‘part of the storehouse of knowledge,’ ‘free to all men and reserved exclusively to none.’”
This means that fundamental scientific principles and naturally occurring things are not eligible for patent protection.
To learn more: